Mo. Code Regs. tit. 7 § 10-17.020

Current through Register Vol. 49, No.12, June 17, 2024

Section 7 CSR 10-17.020 - Definitions

PURPOSE: This amendment is primarily editorial changes for clarification purposes, the deletion of the twenty-four- (24-) hour pharmacy reference to comply with the new federal regulation which eliminates this category and the addition of the definition of Agritourism to expand participation in the TODS signing program.

(1) "Advance TODS Sign" - a Tourist Oriented Directional Signing (TODS) sign placed in advance of the normal TODS sign.

(2) "Alternate Fuel" - a fuel type other than gasoline or diesel that can be used to power a vehicle on the highway and includes, but is not limited to, ethanol blended gasoline (E-85), biodiesel (B-20), compressed natural gas (CNG), propane, or electric vehicle (EV) charging.

(3) "Cave" - a state approved cave which has complied with all necessary requirements of the Division of Labor Standards' Mine Inspection Section and possesses a current certificate of annual inspection furnished and approved by that division.

(4) "College Emblem Sign" - a supplemental guide sign displaying emblem panels of up to six (6) colleges or universities meeting the criteria in this rule on emblem panels. A maximum of two (2), three (3), or six (6) college emblem panels may be displayed on a sign with the sign size being based solely on the potential number of schools that may request signs at a given interchange.

(5) "College Traffic Generator Sign" - a supplemental guide sign displaying the name and logo of up to three (3) colleges or universities meeting the criteria in this rule.

(6) "Commercial Activity" - any business or service activity generally recognized as commercial by zoning authorities in this state.

(7) "Commission" - the Missouri Highways and Transportation Commission.

(8) "Crossroad" - the roadway that intersects the main roadway.

(9) "Department" - the Missouri Department of Transportation.

(10) "Emblem Panel" - a panel which may display the name, logo, or a combination of both for a college or university meeting the criteria in this rule which is attached to a mainline sign or ramp sign or on a stand-alone trailblazer sign.

(11) "Exit Ramp" or "Ramp" - the connective roadway between the mainline and the crossroad at an interchange.

(12) "Expressway" - a divided highway with limited numbers of at-grade accesses.

(13) "Fee" - the amount of money assessed a qualified entity for participation in one (1) of the signing programs, which is paid prior to signs being installed.

(14) "First Connection" - the sign location in advance of the intersection where motorists turn off of the state highway system to arrive at the destination being signed for.

(15) "Freeway" - a divided highway where access is fully controlled by interchanges.

(16) "General Service Sign" - a sign with white legend on blue background depicting the standard symbol for an alternate fuel that meets the department's standards.

(17) "Gore" - the area immediately beyond the divergence point of the mainline highway and the exit ramp bounded by the edges of those traveled ways.

(18) "Interchange" - an intersection that connects two (2) or more interconnecting roadways through the use of one (1) or more grade separations that provides for the movement of traffic between the interconnecting roadways on different elevations allowing uninterrupted flow of the mainline highway.

(19) "Intersection" - the at-grade crossing of two (2) public roadways where the intersecting roadways are at the same elevations and are controlled by regulatory signs or traffic signals.

(20) "Interstate" - the Dwight D. Eisenhower National System of Interstate and Defense Highways.

(21) "Logo Panel" - a panel which may display the name, brand, symbol, trademark, or a combination of these of a qualified entity which is attached to a mainline sign or ramp sign or serves as a stand-alone trailblazer sign when a directional arrow is installed below it.

(22) "Logo Program" or "Logo" - a specific service signing program that provides directional signing to businesses which offer motorist services (gas, food, lodging, and camping) and tourist attractions.

(23) "Mainline Highway" or "mainline" - the primary travel lanes of the interstate, freeway, or expressway.

(24) "Mainline Sign" - the sign installed in advance of an interchange along the mainline of an interstate, freeway, or expressway informing motorists of the services or attractions accessible from that interchange.

(25) "Motorist Services" - a business which provides one (1) or more of the following services: gas, food, lodging, or camping. Signing for motorist services is limited to the Logo and TODS programs and meets the following criteria:

(A) Gas and diesel vehicular service stations shall provide fuel, oil, water, air, restroom facilities, drinking water, a telephone available to the public for emergencies, and be in continuous operation at least twelve (12) hours a day, seven (7) days per week. Alternative fuel availability at these sites can be displayed as a secondary message at the bottom of a Logo panel or within the TODS sign legend. If this information cannot be displayed as part of the Logo or TODS sign, it may be displayed as a general service sign placed below the gas Logo mainline and ramp signs or below the TODS sign for the facility offering the alternative fuel. A maximum of two (2) general service signs may be displayed below a TODS sign, one (1) attached to each of the TODS sign posts. When general service signs are used, the alternative fuel site shall be within three (3) miles of the interchange, located along the crossroad of the interchange, be clearly visible from the crossroad, with the availability of the alternative fuel clearly identified on the on-premise signing of the site. The distance to the alternative fuel site will be displayed along with the general service logo where the distance is greater than one (1) mile;

(B) Electric vehicle charging (EV charging) sites shall be equipped with level two (2) or level (3) systems compatible with all electric vehicles, have the capacity to charge a minimum of two (2) vehicles at the same time, and be available to any user regardless if the user is a patron of the site offering the EV charging station. EV charging availability may be displayed as a supplemental message at the bottom of a Logo panel or within a TODS sign legend for sites participating in the TODS or Logo program under the gas category. EV charging stations located at businesses participating in the TODS or Logo programs under categories other than gas may be signed using the general service signing for EV charging in accordance with the requirements of the application of general service signing in this rule;

(C) Food and restaurant facilities shall be approved and/or licensed by the state or political subdivision having jurisdiction and be in continuous operation to serve at least two (2) meals per day (i.e., breakfast, lunch, and/or dinner), six (6) days per week, be open to the public a minimum of ten (10) hours per day, have accommodations to seat a minimum of twenty (20) guests at tables indoors or a minimum of ten (10) drive-up ordering/eating stations, and provide restroom facilities and a telephone available to the public for emergencies;

(D) Lodging, motel, and hotel facilities shall be approved and/or licensed by the state agency or political subdivision having jurisdiction, have a minimum of ten (10) rooms with each room having its own restroom facility, including a shower and/or bath tub, sufficient off-street parking for all guests, telephones in each room, and be open twenty-four (24) hours a day, seven (7) days a week;

(E) Camping and campground facilities shall be approved and/or licensed by the state agency or political subdivision having jurisdiction, provide restroom facilities, drinking water, at least twenty (20) camping and parking spaces, and be open twenty-four (24) hours per day, seven (7) days per week for a minimum of six (6) consecutive months per year. Signing for campgrounds operated on a seasonal basis will be covered with a blue background aluminum panel of appropriate size or removed from the sign during the off season.

(26) "Owner" - the holder of a fee title or the holder of a leasehold estate from the owner of real property representing the qualified entity.

(27) "Participation Agreement" - a contract between the program manager and each eligible entity participating in the programs outlined in this rule.

(28) "Primary College/University Site" - the site that represents the institutional home of a college/university located in the state of Missouri, but not meeting the definition of the traditional college campus.

(29) "Program Manager" - a person representing the company awarded the administrative services contract for the purpose of operating the Logo, TODS, and Traffic Generator Programs and is authorized by the department to sign a participation agreement for marketing, management, installation, and maintenance of signs for these programs in accordance with these rules.

(30) "Qualified Entity" - a site that meets one (1) of the following categories and meets all of the criteria of this rule:

(31) "Ramp Sign" - the supplemental guide for the Logo or Traffic Generator Program installed along the interchange ramp providing directional information for each service or attraction accessible from that particular interchange.

(32) "Ramp Terminal" - the intersection of the exit ramp and the crossroad.

(33) "Restroom Facility/Facilities" - a modern sanitary facility comprising a minimum of one (1) sink with running water and one (1) flushing toilet.

(34) "Rural Area" - an incorporated area, an unincorporated U.S. Census-designated place or a county in which the population is equal to or less than five thousand (5,000) persons.

(35) "Satellite College/University Site" - a branch site of a college/university located at a site apart or away from the primary university or college. The primary campus may be located in a different city or state from the traditional college/university campus or the primary college/university site.

(36) "Second Connection" - the sign location in advance of the intersection or interchange where motorists turn to access the state highway where first connection signing is provided.

(37) "Specific Service Sign" - a supplemental guide sign displaying Logo panels for specific businesses that provide eligible motorist services or tourist attractions as outlined in this rule.

(38) "Standard" - the department's current versions of the Standard Plans for Highway Construction, Standard Specifications for Highway Construction, and the policies found in the department's Engineering Policy Guide.

(39) "Third Connection" - the sign location in advance of the intersection or interchange where motorists turn to access the state highway where second connection signing is provided.

(40) "TODS Program" or "TODS" - Tourist Oriented Directional Signing, a signing program, which provides directional signs to tourist-oriented activities and motorist services in the state of Missouri meeting the criteria of this rule.

(41) "TODS Sign" - a sign displaying the name of qualified entities that provide eligible tourist attractions or motorist services, as written in this rule, displayed as a standalone sign or as part of a TODS sign assembly.

(42) "Tourist Attraction" - a tourist-oriented activity where the site's primary function, or offering, is as a natural phenomenon, historic site, cultural site, museum, educational site, area of natural beauty, recreational site, or memorial monument as defined below, and a major portion of whose income or visitors are derived during the normal business season from motorists and are open to the public without reservations. Attendance in any consecutive twelve- (12-) month period shall meet or exceed the minimum requirements established in this rule for the Logo, TODS, or Traffic Generator programs. In addition, qualifying tourist attractions are to be open for business at least three (3) months per year, four (4) hours per day, at least five (5) days per week with at least one (1) day being a Saturday or Sunday unless otherwise indicated in this rule, have public restroom facilities, and a minimum of ten (10) parking spaces.

(A) "Natural phenomenon" - a feature created by nature. Examples may include but are not limited to unusual rock formations, caves, geysers, or waterfalls.

(B) "Historic site" - a structure, site, or district that has definite historical significance and shall be listed on the National Park Service's National Register of Historic Places, which can be found at https://www.nps.gov/subjects/nationalregister/index.htm.

(C) "Cultural site" - any facility for the performing arts, exhibits, or concerts that is open to all age groups.

(D) "Museum" - a facility in which works of artistic, historical, or scientific value are cared for and exhibited to all age groups.

(E) "Educational site" - sites which include:

1. "Zoological" or "botanical park" - a facility in which living animals, insects, or plants are kept and exhibited to the public;

2. "Facility tours" - regularly scheduled tours of plants, factories, working farms, or institutions where the tours are conducted on a regularly scheduled daily basis conducted during normal working hours of the facility. Tours shall be a minimum of thirty (30) minutes in duration, be educational in format, informing the public how the products from the facility are produced or grown, and be communicated to the public by posting the information on the facility website, pamphlets, brochures, or anywhere the hours of operation for the facility can be found. This does not include retail outlets which do not fabricate or grow their products;

3. "Wineries," "breweries," or "distilleries"- a licensed site which produces a minimum of five hundred (500) gallons of wine, beer, or spirits per year, open to the public for guided tours or tasting, and meet the additional requirements of "facility tours" as defined in this rule; and

4. "Agritourism sites" - An agricultural site open to the public providing the opportunity to visit a working farm, ranch, or other agricultural facility for the purposes of education, participating in the activities of the site, or purchasing products produced by the site. Qualifying sites are those locations where the products are grown/raised and harvested, where visitors can purchase pre-harvested products or have the option to select and harvest products directly from the fields. Examples of qualifying sites include but are not limited to Christmas tree farms, pumpkin patches, blueberry farms, and apple orchards. This does not include remote sites in which agricultural products have been transported for sale away from the farm, ranch, or other agricultural site producing the products. Examples of non-qualifying sites would include but are not limited to farmers markets, roadside produce stands, and Christmas tree sale lots. Qualifying agritourism sites may only participate in the TODS program and are to be open for business a minimum of four (4) weeks per year, four (4) hours per day, at least two (2) days per week with at least one (1) day being a Saturday or Sunday. Agritourism sites may operate with portable restroom facilities in lieu of a modern sanitary facility comprising sinks with running water and flushing toilets.

(F) "Area of natural beauty" - a naturally occurring area of outstanding interest to the public. Examples may include but are not limited to state or national parks, wilderness areas, lakes, rivers, canyons, or similar areas.

(G) "Recreational site"-sites which include:

1. "Recreational area"-an area conducive to outdoor recreation including but not limited to bicycling, boating, fishing, swimming, hiking, rafting, picnicking, snowmobiling, cross country skiing, or snow skiing;

2. "Amusement parks" - a permanent area which offers entertainment including but not limited to games, rides, and/or food services for all ages;

3. "Arenas" - a stadium, sports complex, auditorium, fairgrounds, civic or convention center, or racetrack which have seating for at least five thousand (5,000) people, open and/or holding public events at least one hundred (100) days of the year;

4. "Golf course" - a facility offering at least nine (9) holes of play;

5. "Sports complex"-an outdoor facility offering a large group of fields and/or courts where multiple games can be played at the same time. These complexes typically support one (1) or more of, but not limited to, the following sports: soccer, baseball, softball, basketball, or tennis; and

6. "Excursion gambling boat" - a boat, ferry, other floating facility, or any non-floating facility licensed by the Missouri gaming commission on which gambling games are permitted by law.

(H) "Memorial monuments"-a statue, obelisk, landmark, or other structure which commemorates a person, group, or event of regional, state, or national significance. Memorial monument sites shall meet the minimum qualifications of the TODS, Logo, or Traffic Generator program to qualify for a supplemental guide sign and be accessible to the public three hundred sixty-five (365) days per year.

(43) "Traditional College/University Campus"-the land on which the institutional home of a college/university and its related buildings are situated. The campus will be comprised of a series of buildings on one (1) piece of property owned and operated by the college/university, typically in a park-like setting. The buildings could serve as, but are not limited to, administration, classrooms, labs, auditoriums, or stadiums. This does not include garages, maintenance buildings, or other buildings not supporting education.

(44) "Traffic Generator" - a qualified publicly or privately owned entity meeting the criteria of a tourist attraction, but not including golf courses or excursion gambling boats. Publicly owned traffic generators are typically owned and operated by the state or federal governments, city or county jurisdictions, do not charge entry fees to utilize the facilities and are typically non-profit or not-for-profit. Privately owned traffic generator sites are typically owned and operated by individuals or organizations which charge entry and user fees and are revenue-producing.

(45) "Traffic Generator Program" - a supplemental guide sign program, which provides directional information to qualified entities, schools, governmental agencies, and colleges.

(46) "Traffic Generator Sign" - a supplemental guide displaying the name and logo, when permitted by this rule, of the qualified entity.

(47) "Trailblazer Sign" - a sign with an arrow and site name/logo information which provides directional information for any necessary turns from the furthest extent of the signing to the qualified entity's location. Legal, off-premises, directional outdoor advertising may be substituted for trailblazer signs if erected prior to the installation of a Logo or TODS sign.

(48) "Urban Area" - an incorporated city or U.S. Census-designated place in which the population is greater than five thousand (5,000) persons.

(49) "Visible" - an unobstructed view of the on-premise sign of a site by a motorist who is able to see and recognize the site as the destination they are seeking in sufficient time to safely make the necessary maneuvers to access the facility.

(50) "Welcome Center Affiliate" - a local chamber of commerce, a local convention and visitor bureau, or an institution of higher education with an established tourism curriculum serving to increase the number of welcome centers in Missouri without expending state funds and otherwise meeting the criteria of this rule.

7 CSR 10-17.020

Adopted by Missouri Register May 15, 2015/Volume 40, Number 10, effective 6/30/2015

Amended by Missouri Register April 16, 2018/Volume 43, Number 8, effective 5/31/2018

Amended by Missouri Register March 15, 2023/Volume 48, Number 6, effective 4/30/2023